QUESTION
what should a personal representative do when a bank refuses to turn over a bank account that the decedent opened in the name of his sole member LLC?
Asked on Dec 07th, 2015 on Wills and Probate - Michigan
More details to this question:
PR gave bank copy of letters of authority, death certificate, copy of LLC annual report signed by decedent as "owner". PR cannot recover signed copies of LLC Organization papers as they were lost or destroyed prior to death. Bank requested Articles of Organization showing all members of LLC. The Articles of Organization filed with LARA do not include list of LLC Members. PR obtained the unsigned Operation Agreement drafted by an Attorney that Decedent hired to prepare his LLC showing only Decedent is listed on the member list. Should this information have been enough for Bank to turn over this asset to the PR since they have a signed document of the LLC annual report with Decedent as owner, regardless of how many members are in the LLC? PR has requested the Bank to either turn over this asset or state in writing their legal basis for refusing to turn over this asset to the PR. It has been 2 weeks since PR sent this letter and still no word from the bank. Should PR file a motion
1 ANSWER
Administrative Law Attorney serving Ann Arbor, MI
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David J. Hutchinson
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I would ask the lawyer who represented the LLC and was, presumably, personally knowledgeable of the ownership, to sign an Affidavit to that effect, and I would show that to the bank and tell them that if this is not sufficient, you will file a motion and ask the Court to award you attorney's fees against the bank unless they can articulate a basis for not cooperating. Good Luck.
Answered on Dec 08th, 2015 at 6:39 AM